From: RC Aerial Cam L.L.C. Date: March 2, 2015

To: United States Department of Transportation, Docket Management Sy stem 1200 New Jersey Ave., SE West Building Ground Floor Room W12

- 140 Washington, DC 20590
Re: Exemption Request Pursuant To Secti on 333 of the FAA Reform Act of 2012 Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and the procedures contained in 14 C.F.R. Part 11, RC Aerial Cam an owner and operator of small unmanned airc raft, be exempted from the Federal Aviation Regulations (FARs) listed below so that RC Aerial Cam may operate its small unmanned aircraft / lightweight unmanned aircraft sy stems (UAS) commercially in airspace regulated b y the Federal Aviation Administratio n (“FAA”).

. RC Aerial Cam, L .L .C hereby applies for an exemption from the Federal Aviation Regulations to allow commercial operation of its UASs for the purpose of capturing high definition (HD) feature film quality aerial cinematography

. RC Aerial Cam h as been operating its lightweight UASs for several ye ars outside the United States obtaining HD feature film quality aerial cinematography without incident. For example, RC Aerial Cam has conducted videograph y at an archeological research site in Guatemala , an expedition on Mt. Kilimanjaro in Tanzania, backcountry skiing in Canada, and landscapes in Dubai. Granting RC Aerial Cam’s request conforms with the Secretary of Transportation’s (FAA Administrator’s) responsibilities to not only integrate UASs into the national airspace sy stem, but to “...establish requirements for the safe operation of such aircraft sy stems [UASs] in the national airspace s ys tem” under Section 333(c) of the Reform Act. Further, RC Aerial Cam will conduct its operations in compliance with the protocols described herein or as otherwise established by the FAA.
**RC Aerial Cam contact information:** RC Aerial Cam L .L .C., 1025 W. Hwy

26, Blackfoot, Idaho 83221 Attention: Jonas L . Marcinko / Ivan J. Marcinko Tel.: (208) 681

- 4450 / (20 6) 919

- 6205 ivan99snow@gmail.comFor the reasons stated below, RC Aerial Cam respectfully requests the grant of an

exemption allowing it to operate lightweight, remote controlled UAS’s. The Specific Sections of Title 14 of the Code of Federal Regulati ons From Which RC Aerial Cam requests exemption are: 14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91.103; 14 C.F. R. 91.119; 14 C.F.R. 91.121; 14 CFR 91.151(a); 14 CFR 91.405(a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b). UASs operated b y RC Aerial Cam weigh less than 55 pounds, including the payload (i.e. camera, lens, and gimbal). They operate at speeds of no more than 50 knots, can hover, and can simultaneousl y move verticall y and horizontally . RC Aerial Cam will only operate its UASs in line of sight and will operate only within the areas described in the RC Aerial Cam, Flight Operations and Procedures Manual (the “FOPM”). Such operations will insure that the UAS will “not create a hazard to users of the nati onal airspace sy stem or the public.” Given the small size of RC Aerial Cam’s UASs and the environments within which they will operate, RC Aerial Cam’s UAS operations adhere to the Reform Act’s safet y requirements. Additionally , due to the size of the UASs and the limited areas in which they will operate, approval of this application presents no national securit y issues. Based on the substantial level of safet y surrounding the proposed operations, and the significant public benefit (enhanced safet y), reduct ion in environmental impacts (reduced emissions and noise), the granting of the requested exemption is in the public interest. Accordingl y, RC Aerial Cam respectfully requests that the FAA grant the requested exemption.
**Aircraft And Equivalent Level Of Safety**  The operating limitations proposed b y RC Aerial Cam provide for at least an equivalent or higher level of safet y because operations further enhance safety of aerial videograph y. As set forth in the RC Aerial Cam, Flight Operations and Procedures M anual (FOPM), the limitations and conditions include:

 The UASs will weigh less than 55 pounds.
 The UAS will be operated by qualified Pilot in Command (PI C).
 The PI C and Visual Observer (VO) will be able to communicate by voice at all times.

 Maximum flight time for each operational flight will be 20 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 20 minute limit. (In general, RC Aerial Cam flights are from 5 to 15 minutes.)

 Flights will be operated at an altitu de of no more than 400 feet AGL, and not more than 200 feet above an elevated platform from which filming is planned.

 Flights will be operated within visual line of sight (VLOS) of the PIC and/or VO at all times. The UA will not be operated less than 500 f eet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute miles fromthe PI C.

 Minimum crew for each operation will consist of the UAS PI C, the VO, and the Camera Operator.
 The UAS Pilot will be an FAA licensed ai rman with at least a private pilot’s certificate and third class medical.

 The UAS Pilot will be the PI C.
 A flight operations “Security Perimeter” will be established for each flight.

 All UAS flights will also be performed as identified in the FOPM in regards to UAS preflight inspections, maintenance, alterations, UAS manufacture’s requirements, and record keeping.

 A briefing will be conducted for planned UAS operations prior to each day’s flight that will be attended b y all personnel performing duties as sociated with the flight.

 The UAS will only

operate within a predetermined controlled area as defined in the FOPM.
 The operator will file a FAA Form 7711

- 1, or its equivalent, as modified in light of the requested exemption, with the appropriate Flight St andards District Office (FSDO).

 The operator will obtain consent of all persons involved in the filming and ensure that only consenting persons will be allowed within 500 feet of the flight operation. This radius may be reduced to 30 feet based upon an equ ivalent level of safet y determination, as required under the FOPM. With the advanced permission of the FSDO, operations at closer range can be approved.

 The operator will ensure that no nonparticipating persons are allowed within 500 feet of the area excep t those consenting to be involved and necessary for the filming production. This provision may be reduced to no less than 200 feet if it would not adversel y affect safet y and the Administrator has approved it.

 The operator will submit a written Plan of Act ivities to the FSDO three days before the proposed shoot as required in the FOPM.

 The PI C will be trained in UAS operations and have received current information on the particular UAS to be operated as required by the FOPM.

 Written and/or oral permission f rom relevant property

holders will be obtained.
 All required permission and permits will be obtained from territorial, state, county , or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

 UAS operations are limited to conducting operations for the purpose of capturing HD feature film quality

aerial cinematography

.  If the UAS loses communications or loses its GPS signal, the UAS will have the capability to return and land at a predetermined location within the Security Perimeter.

 The PI C will have the capability to abort a flight in case of unpredicted obstacles or emergencies.
**14 C.F.R. § 61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in Command** Sections 61.113 (a) and (b) limit private pilots to non

- commercial operations. Because

the UAS will not carry

a pilot or passengers, the proposed operations can achieve the equivalent level of safet y of current operations by requiring the PI C operating the aircraft to have a private pilot’s lic ense rather than a commercial pilot’s license to operate a small UAS. Unlike a conventional manned aircraft, a UAS is remotely controlled by

a ground

based operator (the PIC). The operational area is controlled and restricted, and all flights are planned and coordinated in advance. The level of safet y exceeds that provided by a single individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks associated with the use of a UAS are so diminished from the level of risk asso ciated with commercial operations contemplated by Part 61 allowing UAS use by a private pilot as the PIC exceeds the present level of safet y sought b y 14 C.F.R. §61.113 (a) and (b). RC Aerial Cam only

operates its UASs in predetermined controlled areas an d only in compliance with established safet y protocols.
**14 C.F.R. § 91.103: Preflight Action** Section 91.103 requires each pilot to preflight an aircraft before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be used, an exemption is requested. However, an equivalent level of safet y will be provided. The PIC will take all actions, including reviewing weather, flight battery requirements, landing and takeoff distances, and aircraft performance data before commence ment of flight.
**14 C.F.R. §91.119(c): Minimum Safe Altitudes** Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 provides, in pertinent part, that: “except when necessary for takeoff or landing, no person may operat e an aircraft below the following altitudes: ..... (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to an y person, vessel, vehicle, or structure.” Because RC Aerial Cam requests authorit y to operate at altitudes only up to 400 feet AGL, and not more than 200 feet above an elevated platform from which filming is planned, an exemption is needed to allow such operations. The UAS will never operate higher than 400 feet AGL. It will also be operated in a predetermined controlled area, where buildings and people will not be exposed to operations. The equivalent level of safet y will be achieved given the size, we ight, and speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of propert y owners or local officials. Because of the advance notice to the propert y owners and participants in the filming activity , al l affected individuals will beinformed of the planned flight operations. Compared to flight operations for manned

aircraft and the lack of flammable fuel, an y risk associated with the proposed UAS operations is far less than conventional aircraft operatin g at or below 500 AGL. In addition, the low

- altitude operations of the UAS will ensure separation between a UAS and conventional aircraft.
**14 C.F.R. §91.121 Altimeter Settings** Section 91.121 requires each person operating an aircraft to maintain cruisin g altitude b y reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As a UAS may not have a barometric altimeter, but instead a GPS altitude data, an exemption i s needed. An equivalent level of safet y will be achieved b y the operator, pursuant to the FOPM and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.
**14 C.F.R. §91.151(a): Fuel Requirements fo r Flight in VFR Conditions**  Section 91.151(a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fl y to the first point of intended landing and assuming normal cruising speed

– (1) During the day to fly after that for at least 30 minutes . . . .” The battery

powering the RC Aerial Cam UASs provides a maximum of 30 minutes of powered flight. Therefore, it would not be possible to meet the 30

- minute daylight reserve requirement in 14 CFR §91.151. Given the limitations on the UAS’s proposed flight area and its proposed operations within a predetermined location, a 25% battery power reserve would provide an adequate safet y factor. Furthermore, operating the UASs in a predetermined controlled area where onl y people, propert y owners, or official representatives who have signed waivers will be allowed, less than 30 minutes of reserve fuel does not lead to the ty pe of risk that §91.151(a) was intended to address. RC Aerial Cam believes that safet y can be achieved by limiting flights to 20 minutes or 25% of battery

power, whichever occurs first. (In general, RC Aerial Cam flights are from 5 to 15 minutes.) This restriction would be more than adequate to r eturn the UAS to its pre

- determined landing zone from an ywhere in its limited operating area. RC Aerial Cam is not seeking an exemption for night

- time UAS operations as identified in 14 CFR 1.1.
**14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance /**  **Inspections**These regulations require that an aircraft operator or owner shall “have that aircraft

inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this se ction, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 appl y only to aircraft with an airworthiness certificate, these sections will not apply to RC Aerial Cam operations. Maintenance will be accomplished by

the operator. An equivalent level of safet y will be achieved because the UASs are limited in size, will carry a small payload and operate onl y in predetermined c ontrolled areas for limited periods of time. If mechanical issues arise, the UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the FOPM, the operator will ensure that the UAS is in working order prior to flight , perform an y required maintenance, and keep a log of an y maintenance performed. Moreover, the operator is the person most familiar with the UAS and best suited to maintain it in an airworthy condition.
**Summary** Pursuant to 14 C.F.R. Part 11, the follo wing summary is provided for publication in the Federal Register, should it be determined that publication is needed: RC Aerial Cam seeks an exemption from the following rules: 14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91.103; 14 C.F. R. 91.119; 14 C.F.R. 91.121; 14 CFR 91.151(a); 14 CFR 91.405(a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b) to allow commercial operation of its UASs for the purpose of capturing high definition (HD) feature film quality aerial cinematograph y. As established b y the UAS exemptions already granted by the FAA, allowing commercial operations of UASs in the film industry will enhance safety b y reducing risk. Conventional film operations, using turbine aircraft, operate at low altitud es and present the risks associated with aircraft that weigh around 4,000 pounds, and which carry large amounts of Jet A fuel. Such aircraft must also fl y t o and from the film location. In contrast, a UAS weighing fewer than 55 pounds and powered b y batteries eliminates virtually all of that risk given the small size and lack of combustible fuel. The UAS is carried, and not flown, to a film location. In this regard, the UAS carries no passengers or crew and, therefore, will not expose them to the risks asso ciated with manned flights. The operation of UASs conducted in the strict conditions outlined in our FOPM will provide an equivalent level of safet y supporting the grant of the exemption requested herein. The UASs operate at slow speeds, close to the ground, and in a controlled environment. As a result, they are far safer than conventional operations conducted with turbine helicopters fl yi ng near the ground and people.**Privacy**

All flights will occur over private or predetermined controlled access areas with the propert y owner’s prior consent and knowledge. Filming will be only of people who have given their consent or otherwise have agreed to be in the area where filming will take place.
Satisfaction of the criteria provided in Section 333 of the Refo rm Act of 2012 (size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national securit y) provide more than adequate justification to grant RC Aerial Cam requested exemption, all owing for RC Aerial Cam’s UAS commercial operations pursuant to the FOPM included herewith.
If you have an y questions or need an y additional information, please contact me at an y time at (208) 681

- 4450 or at jonasmarcinko@gmail.com. Sincerel y yours, Jon as L. Marcinko, Owner RC Aerial Cam L.L.C.